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Article • July 15, 2009
New York Prison Officials Liable for Wheelchair Accident by A New York Court of Claims held that prison officials are 100% liable for injuries suffered by a prisoner who fell from his wheelchair on a sloped ramp. Prisoner Darrin Carathers, who is wheelchair-bound, was being transported to St. Agnes Hospital …
Article • July 15, 2009
Filed under: Money/Property, Restitution
N.Y. Court Need Not Pronounce Mandatory Surcharge and Fees at Sentencing by The New York Court of Appeals has held that the mandatory surcharge and crime victim assistance fee mandated by Penal Law § 60.35(1) are not part of a sentence. Therefore, a judge need not pronounce them in a …
Article • July 15, 2009
New York DOC Agrees to Settle Asbestos Case by On April 4, 1997, the New York Department of Corrections (NYDOC) agreed to settle a suit brought by a group of New York prisoners over their exposure to asbestos. The prisoners alleged that the defendants violated their Eighth and Fourteenth Amendment …
Article • July 15, 2009
New York Haircut Requirement Held Unconstitutional by On November 11, 1986, the New York Court of Appeals upheld a lower court ruling striking down a New York regulation requiring prisoners to cut their hair during intake. Alfredo Lewis, a practicing Rastafarian, sued the New York Department of Corrections after he …
Article • July 15, 2009
New York Liable for Foreseeable Prisoner-on-Prisoner Assault; Prisoner Awarded $80,000 in Damages by A New York Court of Claims found that prison officials were 100% liable for injuries incurred from a foreseeable prisoner-on-prisoner assault at the Auburn Correctional Facility. On July 17, 2003, prisoner Alexis Irizarry was assaulted by prisoner …
Jury Awards Guard $150,000 for Retaliation; Court Awards an Additional $800,000 by A Nassau County federal jury has awarded a county jail guard $150,000 for discrimination and retaliation that occurred as a result of a prior sexual harassment suit. Patricia Luca, a guard for 12 years, sued Nassau County, its …
Lesbian Guard Awarded $200,000 for Unlawful Discrimination, Retaliation by A New York appellate court has upheld an award of damages for a lesbian guard who was subjected to unlawful discrimination and retaliation. Alicia Humig, the only female guard on her cell block at the Wende Correctional Facilitiy, filed a complaint …
Article • July 15, 2009
$1,500 Award in NY DOCS Failure to Protect Suit by A New York Court of Claims awarded a prisoner $1,500 for prison officials’ failure to protect him. Prisoner Anthony Collins was assaulted and stabbed by other prisoners at the Sing Sing Correctional Facility on May 13, 1999 as a result …
Woodall v. Pritchard, NY, Amended Complaint, Transgender Assault, 2009 Case 6:08-cv-06228-CJS-JWF Document 23 Filed 07/10/09 Page 1 of 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ----------------------------------------------------------------)( BRYAN WOODALL, Plaintiff, AMENDED COMPLAINT vs. CORRECTION OFFICER GARY PRITCHARD, CORRECTION OFFICER SEAN WHITE, CORRECTION OFFICER JEFF I-lAZARD, CORRECTION OFFICER THEODORE …
Publication • June 19, 2009
New York State Police, Trooper Joseph C. Kolek Letter of Censure, 2009 TB- ISA (2/99) PREVENTABLE DIVISION VEHICLE ACCIDENT - REPORT OF ADJ UDlCATION VAN DATE OF ACCIDENT/INCIDENT Ap/1 \ TIM E OF ACCIDENT/INCIDENT 1\ 1 2009 VEHICLE PLATE N UMBER DRIVER'S NAME (FIRST, Ml, LAST) 1-<o (c:t< C SHIELD …
$899,500 Award in NY DOCS Medical Negligence Resulting in Leg Amputation by A New York Court of Claims awarded a former prisoner a total of $899,500 in a medical negligence claim. As a result of the delays and neglect in treatment of William C. Stephens’s peripheral vascular disease (PVD) by …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
Article • June 15, 2009
New York Landlord Wins $25,000 Verdict for False Arrest by On January 30, 2007, following a one-day trial, a New York City jury awarded Plaintiff Barsiasa $25,000 for the emotional distress he suffered due to his false arrest by New York City police officers. Tenants in the Plaintiff's building accused …
Article • June 15, 2009 • from PLN June, 2009
As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe by As Economy Falters, Rehabilitative and Substance Abuse Programs Get the Axe by Mark Wilson Facing the worst economic crisis since the Great Depression, states are slashing rehabilitative criminal justice programs in a desperate attempt to save money. Critics …
Article • June 15, 2009 • from PLN June, 2009
Amnesty International Sources Given Journalistic Protection by Amnesty International Sources Given Journalistic Protection A New York federal judge held that sources used by Amnesty International (Amnesty) in drafting a report on conditions of confinement at the Metropolitan Detention Center (MDC) in Brooklyn, New York were entitled to the same protection …
Article • June 15, 2009 • from PLN June, 2009
Madoff Fraud Bankrupts JEHT Foundation, Hurts Criminal Justice Reform Efforts by Matthew Clarke Madoff Fraud Bankrupts JEHT Foundation, Hurts Criminal Justice Reform Efforts by Matt Clarke Wall Street mogul Bernard Madoff&rsquo;s $50 billion Ponzi scheme has led to the closure of a New York-based charity devoted to reducing the booming …
New York Jury Awards $1,400,006 to Former Prisoner for Beating by Guards; Punitive Damages Later Reduced by David Reutter New York Jury Awards $1,400,006 to Former Prisoner for Beating by Guards; Punitive Damages Later Reduced by David M. Reutter A New York federal jury awarded $1,400,006 to a former prisoner …
Brief • May 28, 2009
Malik v. Ayers, NY, Complaint, Assault by Guard, 2009 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ----------------------------X SULTAN MALIK, Plaintiff, COMPLAINT -againstCRAIG L. SKELLY, RANDY BANKS, SHAWN D. PIERSON, TIMOTHY J. HABLE, JOEL R. AYERS, SEAN F. DAVIS and DAVID NAPOLI, JURY TRIAL DEMANDED Defendants. ----------- ----------------- X …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation&rsquo;s prisons &ndash; not only by prisoners, but also by guards and other staff members. PLN&rsquo;s August …
Article • May 15, 2009 • from PLN May, 2009
New York Prisoner Receives $3,732 for Medical Neglect/Lost Property Claim by New York Prisoner Receives $3,732 for Medical Neglect/Lost Property Claim A New York Court of Claims awarded a prisoner $3,500 for medical neglect by prison medical officials&rsquo; failure to treat the prisoner&rsquo;s deviated septum for 20 months. The prisoner …
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